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JOHNSON v. SHAW'S DISTRIBUTION CENTER

760 A.2d 1057 (2000)

John A. JOHNSON Jr. v. SHAW'S DISTRIBUTION CENTER and Sedgwick James of Northern New England.

Supreme Judicial Court of Maine.

Decided October 31, 2000.

Attorney(s) appearing for the Case

James G. Fongemie, Esq., (orally), Jeffrey Neil Young, Esq., McTeague, Higbee, Case, Cohen, Whitney & Toker, P.A., Topsham, for employee.

Mark V. Franco, Esq., (orally), Thompson & Bowie, Portland, for employer.

Panel: WATHEN, C.J., and CLIFFORD, RUDMAN, DANA, SAUFLEY, ALEXANDER, and CALKINS, JJ.

SAUFLEY, J.

[¶ 1] John Johnson Jr. appeals from the decision of a Hearing Officer of the Workers' Compensation Board granting his petition for award for injuries in 1993 and 1995, but calculating ongoing partial incapacity benefits to reflect a full-time work capacity. Johnson contends that the Board erred in failing to conclude that full-time work in Johnson's community was "unavailable" during the period when Johnson was enrolled in vocational rehabilitation...

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